Software Development Agreement
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At a Glance
Software Development Agreement
This Software Development Agreement is a comprehensive precedent for use between a software developer (supplier) and a client (customer). It governs the creation, testing, delivery, and acceptance of bespoke software, ensuring both parties’ rights and obligations are clearly defined.
What This Agreement Covers
• Definitions of acceptance testing, milestones, and warranty periods
• Supplier’s obligations to develop software in line with project plans and specifications
• Customer’s responsibilities for testing, providing data, and approving deliverables
• Change request procedures and milestone payment schedules
• Warranty period for defect correction and post-completion support options
• Ownership and assignment of intellectual property rights upon payment completion
• Confidentiality provisions protecting business and technical information
• Non-solicitation clauses preventing poaching of staff or contractors
• Limitations of liability, indemnities, and force majeure protections
• Termination rights and dispute resolution through negotiation, mediation, and expert determination
Why Use This Template?
• Clearly defines the scope and stages of software development projects
• Protects both developer and client through balanced warranties and IP clauses
• Includes milestone payment schedules and acceptance testing procedures
• Ensures compliance with Australian commercial and intellectual property law
• Easy to edit, customise, and implement for developers, consultants, and agencies
Suitable For
This precedent is ideal for software developers, IT consultants, and corporate clients engaging in custom software projects where clear deliverables, testing standards, and IP ownership must be documented.
INCLUDES
A detailed agreement for the development of custom software. This agreement covers
definitions ,
specification of the software,
steps in production,
payment,
production milestones and
testing,
project plan,
milestones,
interim payments
A portion of payments are withheld for a warranty period.
4 Schedules containing particulars
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